ABOUT A FOAL.

Sun (Christchurch), Volume I, Issue 21, 2 March 1914, Page 5

ABOUT A FOAL.

WAS IT STARVED OR ONLY WEEDY? CLAIM FOB £l5O FAILS. A case of interest to horse-owners, and graziers came before Mr H. W. Bishop, S.M., at the Magistrate's Court to-day, when R. O. T. Wood (Mr Rowe) claimed £6 6s from H. J. fasker (Mr Wright), alleged to be due for grazing horses the property of defendant. There was a counter-claim of more interest than the claim, involving a sum of £l5O, the value of a foal. The counter-claim was lodged by Tasker. Tasker alleged that in or about February, 1913, plaintiff received from defendant a valuable mare> Mavourneen,, and her foal by Galindo, and kept the same until August 18, 1913. It was the duty of the plaintiff to provide adequate grazing at the rate agreed upon, but plaintiff had- neglected to perform his obligations. He alleged that the foal was starved and finally died on October's, 1913. In March, 1912, defendant said he had left the maTe Mavourneen and her .foal on plaintiff's farm, together with another mare, Marion, and foal The farm was a good one with good grazing if it was not overstocked. As late as July the animals were all right, but after that time they were not tended properly and were gradually starved. The foal that ultimately died was very strong when it was born—one of the best defendant had ever Been. The animals when brought back were in a dreadful condition and absolutely starved. The colt that, died had been very well tended when it Was brought back from plaintiff's paddock. It had been given eggs, cow's milk, husked oats cooked, and molasses. Despite all this care the foal died in October, and the other colt just pulled round with difficulty. The foal was valued at £l5O, and was easily worth that amount. A full brother when three years old was valued at 750 guineas, and this-sum had beea received for him. *lt was not a speculative value placed on the foal, for witness could easily have got £l5O foY the animal. He could be sold on his breeding, and he would be valuable as a sire even if he never went on the trotting track. EVIDENCE FOR PLAINTIFF. Edward Ball, dairyman, said that he had grazed a mare and a foal in plaintiff 's paddocks coincident with the time that Tasker's mares and "foals were there. There was plenty of feed, and the animals were kept in good condition. NOT WORTH FIFTY SHILLINGS. " Other witnesses who had stock in the same paddocks gave corroborative 'eyi:> dence. One witness .stated that he had noticed Tasker's foal, and had thought it a particularly weedy one. He wouldn't have given 50/- for it. After hearing further evidence as to the Btate of the pasturage, his Worship gave judgment for plaintiff Wood on both claim and counter-claim, with costs.